Moral Philosophers on the Bench
Over at OpinionJournal, Robert Bork examines the effects of “radical personal autonomy” on American jurisprudence in “Their Will Be Done: How the Supreme Court Sows Moral Anarchy.” Says Bork:
Once the justices depart, as most of them have, from the original understanding of the principles of the Constitution, they lack any guidance other than their own attempts at moral philosophy, a task for which they have not even minimal skills. Yet when it rules in the name of the Constitution, whether it rules truly or not, the court is the most powerful branch of government in domestic policy. The combination of absolute power, disdain for the historic Constitution, and philosophical incompetence is lethal.
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